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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to school concurrency; amending s. 2
163.3180, F.S.; revising provisions specifying when 3
school concurrency is deemed satisfied; requiring a 4
district school board to notify a local government 5
that capacity is available for development within a 6
certain timeframe; specifying that proportionate -share 7
mitigation must be set aside and not spent if an 8
improvement has not been identified; providing an 9
effective date. 10
11
Be It Enacted by the Legislature of the State of Florida: 12
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Section 1. Paragraph (h) of subsection (6) of section 14
163.3180, Florida Statutes, is amended to read: 15
163.3180 Concurrency. — 16
(6) 17
(h)1. In order to limit the liability of local 18
governments, a local government may allow a landowner to proceed 19
with development of a specific parcel of land notwithstanding a 20
failure of the development to satisfy school concurrency, if all 21
the following factors are shown to exist: 22
a. The proposed development would be consistent with the 23
future land use designation for the specific property and with 24
pertinent portions of the adopted local plan, as determined by 25
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the local government. 26
b. The local government's capital improvements element an d 27
the school board's educational facilities plan provide for 28
school facilities adequate to serve the proposed development, 29
and the local government or school board has not implemented 30
that element or the project includes a plan that demonstrates 31
that the capital facilities needed as a result of the project 32
can be reasonably provided. 33
c. The local government and school board have provided a 34
means by which the landowner will be assessed a proportionate 35
share of the cost of providing the school facilities ne cessary 36
to serve the proposed development. 37
2. If a local government applies school concurrency, it 38
may not deny an application for site plan, final subdivision 39
approval, or the functional equivalent for a development or 40
phase of a development authorizing residential development for 41
failure to achieve and maintain the level -of-service standard 42
for public school capacity in a local school concurrency 43
management system where adequate school facilities will be in 44
place or under actual construction within 3 ye ars after the 45
issuance of final subdivision or site plan approval, or the 46
functional equivalent. School concurrency is deemed satisfied 47
when if the developer tenders executes a written, legally 48
binding commitment to provide mitigation proportionate to the 49
demand for public school facilities to be created by actual 50
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development of the property, including, but not limited to, the 51
options described in sub -subparagraph a. The district school 52
board shall notify the local government that capacity is 53
available for the development within 30 days after receipt of 54
the developer's legally binding commitment. Options for 55
proportionate-share mitigation of impacts on public school 56
facilities must be established in the comprehensive plan and the 57
interlocal agreement pursuan t to s. 163.31777. 58
a. Appropriate mitigation options include the contribution 59
of land; the construction, expansion, or payment for land 60
acquisition or construction of a public school facility; the 61
construction of a charter school that complies with the 62
requirements of s. 1002.33(18); or the creation of mitigation 63
banking based on the construction of a public school facility in 64
exchange for the right to sell capacity credits. Such options 65
must include execution by the applicant and the local government 66
of a development agreement that constitutes a legally binding 67
commitment to pay proportionate -share mitigation for the 68
additional residential units approved by the local government in 69
a development order and actually developed on the property, 70
taking into account residential density allowed on the property 71
prior to the plan amendment that increased the overall 72
residential density. The district school board must be a party 73
to such an agreement. As a condition of its entry into such a 74
development agreement, the local government may require the 75
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landowner to agree to continuing renewal of the agreement upon 76
its expiration. 77
b. If the interlocal agreement and the local government 78
comprehensive plan authorize a contribution of land; the 79
construction, expansion, or p ayment for land acquisition; the 80
construction or expansion of a public school facility, or a 81
portion thereof; or the construction of a charter school that 82
complies with the requirements of s. 1002.33(18), as 83
proportionate-share mitigation, the local govern ment shall 84
credit such a contribution, construction, expansion, or payment 85
toward any other impact fee or exaction imposed by local 86
ordinance for public educational facilities, on a dollar -for-87
dollar basis at fair market value. The credit must be based on 88
the total impact fee assessed and not on the impact fee for any 89
particular type of school. 90
c. Any proportionate -share mitigation must be directed by 91
the school board toward a school capacity improvement identified 92
in the 5-year school board educational f acilities plan or must 93
be set aside and not spent until such an improvement has been 94
identified that satisfies the demands created by the development 95
in accordance with a binding developer's agreement. 96
3. This paragraph does not limit the authority of a local 97
government to deny a development permit or its functional 98
equivalent pursuant to its home rule regulatory powers, except 99
as provided in this part. 100
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Section 2. This act shall take effect July 1, 2022. 101